Question
In a non-Muslim country, a Muslim is a Musalli/ member of a particular Musjid. If this Muslim is killed while committing a crime, is it permissible for the Jamaat to refuse to fulfil the rites of Janaazah for him? Can they refuse to perform his Janaazah Salaat and burial? This seems to be the trend here in America. The Musjids (i.e. the Jamaat of the Musjids) refuse to accept for Janaazah the bodies of Muslims killed in violent crimes that garner media publicity. In a recent high profile case, the body of the so-called 'Boston Bomber' was laying in a kuffaar funeral parlour for over a month because none of the Musjids would accept it for Janaazah Salaat and burial. They justify their stand on the basis of some Ahaadith. Some "Imaams" were even coming out for their 15 minutes of fame (shame) in kuffaar media to denounce this brother as a 'kaafir'. What is the Shariah's ruling in this matter?
Answer
Regardless of how great a sin may be, it is Waajib on the community to perform the Janaazah and burial rites for the Muslim criminal. Only if the deceased had become a murtad will this not be permissible. The community which refuses the Janaazah service is sinful for refusing to fulfil their obligations towards the deceased.
The so-called imaams of the Musjids who are guilty of the sin of refusing Janaazah services are ignorant boot-lickers of the kuffaar. They are too stupid to even understand the text of the Hadith. Furthermore, no person in this age – 14 centuries after the Sahaabah – has the right to convolute and alter any law of the Shariah on the basis of his personal corrupt understanding of Hadith.
The Shariah has been sealed fourteen centuries ago and does not tolerate the slightest alteration. Insha'Allah, we shall publish this issue. Regardless of how sinful a Muslim may be, and how evil his crime may be, it is not permissible to deny Janaazah service to his body. The whole community – every individual in that community – is guilty of the major sin of having shirked the Fardh-e-Kifaayah obligation of the Janaazah service which had to be compulsorily accorded to the body of the brother.
The 'imaams' who advertised their shame are simply spineless, truckling lackeys of the kuffaar whom they fear more than Allah Ta'ala. The 'imaams' who had branded the Muslim a 'kaafir' because of his alleged crime, may perhaps themselves be kaafir. When someone brands a Muslim a kaafir without Shar'i basis, then there is the real danger of the kufr rebounding on him. Even if it is assumed that the brother was guilty of the crime of which he has been accused by the kuffaar, then too, his crime is not kufr. It does not cancel his Imaan.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 22 No 04
- PDF page
- 12
Appears under DENYING A MUSLIM JANAAZAH (approximate).